HE CHAP. 26. An Act to amend the Act respecting Perjury. [Assented to 12th May, 1870.] ER Majesty, by and with the advice and consent of the Preamble. follows: 32 & 33 V., 1. The third section of the Act passed in the Session held Section 3 of in the thirty-second and thirty-third years of Her Majesty's c. 23, amendreign, chapter twenty-three, intituled "An Act respecting ed. Perjury" is hereby so amended as to read as follows:- committed in ". Any person who wilfully and corruptly makes any As to perjury false affidavit, affirmation, or declaration, out of the Province any Province in which it is to be used, but within the Dominion of Can- in Canada, in respect of a ada, before any functionary authorized to take the same for document to the purpose of being used in any Province of Canada, shall be used in be deemed guilty of perjury, in like manner as if such false another. affidavit, affirmation or declaration had been made in the Province in which it is used, or intended to be used, before a competent authority; and such person may be dealt with, indicted, and tried, and if convicted, may be sentenced, and the offence may be laid and charged to have been committed, in that district, county, or place in which he has been apprehended, or is in custody;" And the said Act shall be construed and have effect as if the Effect of amendment. said section had, at the time of the passing of the Act, been worded as hereby amended. CHAP. 27. An Act to amend the Act respecting the Duties of [Assented to 12th May, 1870.] WHEREAS, it is expedient to amend Sections sixty-five Preamble, 32and seventy-one of the Act respecting the duties of 33 V., c. 31. Justices of the Peace out of Sessions in relation to summary convictions and orders; Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Section sixty-five of the said Act is hereby repealed, and New Section the following section substituted: in place of 1 Section 65, Appeal given viction or order of a Justice or Justicas of the Peace. "65. Unless it be otherwise provided in any special Act from any con- "under which a conviction takes place or an order is made by a Justice or Justices of the Peace, any person who "thinks himself aggrieved by any such conviction or order, "may appeal in the Province of Quebec or Ontario, to the "next Court of General or Quarter Sessions of the Peace; or "in the Province of Quebec, to any other Court for the time "being discharging the functions of such Court of General "or Quarter Sessions of the Peace in and for any district "therein; in the Province of Nova Scotia, to the Supreme "Court in the county where the cause of the information or "complaint has arisen; and in the Province of New Brunswick, to the County Court of the County where the cause Conditions of "of the information or complaint has arisen: Such right of appeal. "appeal shall be subject to the conditions following: Time for appeal. Notice to or for prosecution. Persons 80 appealing to remain in custody, or give security, or in certain cases to deposit money as security. Court to hear and deter mine the ap "1. If the conviction or order be made more than twelve days before the sittings of the court to which the appeal is given, such appeal shall be made to the then next sittings "of such court; but if the conviction, or order, be made "within twelve days of the sittings of such court then to the "second sittings next after such conviction or order; "2. The person aggrieved shall give to the prosecutor or complainant, or to the convicting justice or one of the convicting justices, for him, a notice in writing of such appeal, "within four days after such conviction or order; 66 or "3. The person aggrieved shall either remain in custody "until the holding of the court to which the appeal is given, shall enter into a recognizance, with two sufficient "sureties, before a Justice or Justices of the Peace, condition"ed personally to appear at the said court, and to try such appeal, and to abide the judgment of the court thereupon, "and to pay such costs as shall be by the court awarded; "or if the appeal be against any conviction or order, whereby only a penalty or sum of money is adjudged to be paid, the person aggrieved may, (although the order direct im"prisonment in default of payment,) instead of remaining in "custody as aforesaid, or giving such recognizance as aforesaid, deposit with the justice or justices convicting or "making the order such sum of money as such justice or "justices deem sufficient to cover the sum so adjudged to be "paid, together with the costs of the conviction or order, and "the costs of the appeal; and upon such recognizance being "given, or such deposit made, the justice or justices before "whom such recognizance is entered into, or deposit made, "shall liberate such person if in custody; แ "And the court to which such appeal is made shall thereupon hear and determine the matter of appeal, and make "such conviction or "such order therein, with or without costs to either party, peal, if the "including costs of the court below, as to the court seems order is "meet; and, in case of the dismissal of the appeal or the affirmed. "affirmance of the conviction or order, shall order and "adjudge the offender to be punished according to the con"viction, or the defendant to pay the amount adjudged by "the said order, and to pay such costs as may be awarded; "and shall, if necessary, issue process for enforcing the judg "ment of the court; and in any case where, after any such "deposit has been made as aforesaid, the conviction or order "is affirmed, the court may order the sum thereby adjudged "to be paid, together with the costs of the conviction or 'order, and the costs of the appeal, to be paid out of the money deposited, and the residue, if any, to be repaid to "the defendant; and in any case where, after any such deposit, If quashed. "the conviction or order is quashed, the court shall order "the money to be repaid to the defendant; and the said Power to adjourn pro"court shall have power, if necessary, from time to time, ceedings. "by order endorsed on the conviction or order, to adjourn "the hearing of the appeal from one sittings to another, or others, of the said court; 66 "In every case where any conviction or order is quashed Memorandum on appeal as aforesaid, the Clerk of the Peace or other pro- to be made. of quashing per officer shall forth with endorse on the conviction or order Its effect, a memorandum that the same has been quashed; and "whenever any copy or certificate of such conviction or "order is made, a copy of such memorandum shall be added "thereto, and shall, when certified under the hand of the "Clerk of the Peace, or of the proper officer having the custody of the same, be sufficient evidence in all courts and "for all purposes, that the conviction or order has been quashed." 66 pealed. 2. Section seventy-one of the said Act is repealed, and the Section 71 refollowing substituted therefor : "71. No conviction or order affirmed, or affirmed and No conviction approved "amended in appeal, shall be quashed for want of form, or be re- may be re"moved by certiorari into any of Her Majesty's Superior Courts moved by cer"of Record; and no warrant or commitment shall be held tiorari, &e. "void by reason of any defect therein, provided it be therein "alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. 3. And whereas, in some of the Provinces of Canada, the Recital. terms or sittings of the General Sessions of the Peace or other courts to which, under section seventy-six of the said Act, Justices of the Peace are required to make returns of convictions had before them, may not be held as often as once in At what times and to whom the returns required by S. 76 shall be made. What cases any such return shall in every three months; and it is desirable that such returns should not be made less frequently: Therefore it is further enacted, that the returns required by the said seventy-sixth section of the Act herein before cited shall be made by every Justice of the Peace quarterly, on or before the second Tuesday in each of the months of March, June, September and December in each year, to the Clerk of the Peace or other proper officer for receiving the same under the said Act, notwithstanding the General or Quarter Sessions of the Peace of the county in which such conviction was had may not be held in the months or at the times aforesaid; and every such return shall include all convictions and other matters mentioned in the said section seventy-six, and not included in some previous return, and shall, by the Clerk of the Peace or other proper officer receiving it, be fixed up and published, and a copy thereof shall be transmitted to the Minister of Finance, in the manner required by the eightieth and eighty-first sections of the said Act; and the provisions of the seventy-eighth Provisions of section of the said Act, and the penalties thereby imposed, and all the other provisions of the said Act, shall hereafter apply to the returns hereby required, and to any offence or neglect committed with respect to the making thereof, as if the periods hereby appointed for making the said returns had been mentioned in the said Act instead of the periods thereby appointed for the same. clude how posted up and published, &c. Minister of 8. 78 to apply. 4. The form following shall be substituted for the form of Notice of Appeal against a conviction or order contained in the schedule to the said Act, GENERAL FORM OF NOTICE OF APPEAL AGAINST A To C. D. of, &c., and -(the names and additions of the parties to whom the notice of appeal is required to be given). do Take notice, that I, the undersigned A. B., of intend to enter and prosecute an appeal at the next General Quarter Sessions of the Peace (or other Court, as the case may be), to be holden at in and for the District (or County, United Counties, or as the case may be) of against a certain conviction (or order) bearing date on or about the day of instant, and made by (you) C. D., Esquire, (one) of Her Majesty's Justices of the Peace for the said District (or County, United Counties, or as the case may be) of whereby the said A. B. was convicted of having (or was ordered to pay here state the offence as in the conviction, information, or summons, or the amount adjudged to be paid, as in the order, as correctly as possible.) Dated Dated this dred and day of one thousand eight hun A. B. MEMORANDUM.--If this notice be given by several defendants or by an Attorney, it can easily be adapted. CHAP. 28. An Act to amend an Act for the better preservation of the peace in the vicinity of Public Works. [Assented to 12th May, 1870.] ER MAJESTY, by and with the advice and consent of Preamble. the Senate and House of Commons of Canada, enacts as follows: and 33 V., . For and notwithstanding anything to the contrary con- Sections of 32 tained in an Act of the Parliament of Canada, made and c. 24, may be passed in the Session thereof, held in the thirty-second and put into force by Proclamathirty-third years of Her Majesty's reign, intituled: "An Act ton separatefor the better preservation of the peace in the vicinity of public ly. works," the Governor in Council may, as often as occasion requires, declare by Proclamation that upon and after a day therein named, the said Act or any section or sections thereof, shall be in force in any place or places in Canada, therein designated, within the limits or in the vicinity whereof any railway, canal, or other public work is in progress of construction, or such places as are in the vicinity of any railway, canal or other public work, as aforesaid, within which he deems it necessary that the said Act, or any section or sections thereof, should be in force. declared to And the said Act, or any such section or sections thereof, And may be shall upon and after a day to be named in any such procla- be no longer mation, take effect within the places designated in such in force. proclamation; and the Governor in Council may in like manner from time to time declare the said Act or any section or sections thereof to be no longer in force in any of such place or places, and may again from time to time declare the said Act, or any section or sections thereof, to be in force therein; but no such proclamation shall have effect within Exceptions as the limits of any city. to cities. 2. Wherever the expression "this Act" occurs in the Act Meaning of "this Act" herein before mentioned it shall be understood to mean such in 32 and 33 section or sections thereof as shall be in force by virtue of V., c. 24. any such proclamation as aforesaid, in the place or places |